Today, On 3rd June, A petition submitted to the High Court, urging the Election Commission to implement measures preventing political parties and candidates from soliciting votes based on religious or linguistic appeals. The petition argues that such corrupt practices undermine the secular nature of the electoral process and violate constitutional principles.
Chennai: The Madras High Court issued a notice to the Election Commission of India in response to a petition filed by advocate Rajesh Anouar Mahimaidoss. The petition sought the appointment of an independent commission comprising retired judges and human rights activists to oversee the enforcement of a 2017 Supreme Court judgment.
The 2017 Supreme Court judgment ruled that seeking votes in the name of religion, caste, or language is a corrupt practice. The petitioner in the Madras High Court case asking the court to establish an independent commission to ensure that this ruling properly implemented and enforced.
A division bench of the Madras High Court, consisting of Acting Chief Justice R Mahadevan and Justice Mohamed Shafiq, scheduled a further hearing on the matter in six weeks’ time. The court directed the Election Commission of India to respond to the petition during this period.
In his petition, Mahimaidoss requested that the Election Commission of India (ECI) be directed to establish a system to disseminate information to the public and elected representatives about the preamble and basic structure of the Constitution, the 2017 Supreme Court judgment, and the corrupt practice under Section 123(3) of the Representation of the People Act.
Additionally, the petitioner submitted that during both election and non-election periods, registered, unregistered, and recognized political parties, as well as elected representatives, often leverage religion, language, and caste to polarize the electorate for political gain.
He emphasized,
“The Election Commission of India (ECI) holds the authority to ensure free and fair elections in India through various statutes, including the Representation of People Act and administrative orders. Despite the ECI’s efforts, the corrupt practice of seeking votes in the name of religion, caste, and language persists even after 75 years of independence. Political parties continue to employ a divide and rule policy that goes against the Constitution,”.
India, being a diverse country with multiple religions and languages, has always emphasized the importance of maintaining secularism in its political processes. The Representation of the People Act, 1951, under Section 123, defines corrupt practices and specifically prohibits the solicitation of votes based on religion, race, caste, community, or language.
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Despite this, instances of such appeals are reported during elections, raising concerns about the erosion of secular principles.
The petition before the High Court marks a significant step towards safeguarding the secular ethos of India’s electoral process. By seeking to curb appeals based on religion and language, the petitioner aims to promote a more inclusive and fair political environment.